A driver entered into a DUI checkpoint. Officers noticed that the driver exhibited signs of intoxication. He failed field sobriety testing, breath tested and blew .00. Officers brought in a drug recognition expert who requested a urine test and determined the driver to be under the influence of marijuana. Officers arrested the defendant for driving under the influence.
RESULT: The defense filed a motion to suppress based on the constitutionality of the DUI checkpoint. In an effort to avoid an additional hearing, the State amended the charge resulting in NO DUI CONVICTION!